Mexico weekly ledger., 1887-03-03
whether favorable or otherwise.
Champ Clark and Charles Martin mol
sitting, Respectfully submitted,
W. o. RoaRIsT, President.
G. b. MAoFARLANR,
JAMES d. BARNETT.
THE TESTIMONY.

il TESTIMONY.
The committee met at the Circuit
office. E. Robinson said:
What course of procedure have
you gentlemen adopted!"
Judge Macfarlane replied: 1--WE
to examine the record in each
Of the cases referred to IN the report
of the grand jury, and after that any
person who desires to do so a file
written statements or affidayits."
Z. Robinson Il think it much
better to hear oral testimony OF any
person who wishes to testify. /
think possibly some of these persons
who have been taking an active In
terest in this matter might be induced
to come before the committee and
testify when they would not go to
the trouble of preparing affidavits,
and, besides, l would like to see this
investigation as open as possible. l
am perfectly willing to answer any
question which any respectable per-
son wishes to ask, and l may desire
to ask questions of other persons
who testify These are my reasons
for desiring the testimony to be
taken orally"
Judge M~acfarlane: ave want
written statements to file with our
report"
4. Robinson: 1.-THE stenographer
will take the testimony and We will
have him furnish the committee with
a copy of all the testimony TAKEN
Judge Macfarlane: every we'll
that will do as WELL"
The committee then examined the
record Of in case of State VS.. Mob
erly, and when they had concluded
the examination of the record in this
case Judge Forrist said:
"Any person who desires to do SC
can now make a statement in regard
to this case"
E. ROBINSON SAID:
81 desire to say this: The objection
to that ease seems to be the stay of ex'
ecution which was given the defendant
My recollection about the matter i:
that Mr.. Robertson stated that the de,
PENDANT desired to enter a plea o quilty
and that he had consented to a stay O
execution on the fine SO long as the de.
PENDANT would keep sober. He saIt
that some of the defendants friends
had offered to pay the costs if he would
consent to that arrangement; hat be
knew the defendant was yerypoor and
very clever man, his great fault beine
i~ntoxication, and he had consented t.
the stsy of execution to try to keeE
Moberly straight. l thought it was
very proper entry to be made and 81
uldoC l L thouShe IL an oollR ilku
and think so yet. and if it were to b.
done over agaid would do the same
thing. If the law did not authorize
such an entry, then it Is simply VOC
and can injure no one; but on the othe
hand if the law did authorize it, ther
it was right and pr oper that it shoult
be made.
In such cases the practice has been
since l can re Misunderstanding my tern
as Circuit Judge and before l went OIL
the bench-for a defendant, who wa
unable to pay the fine, to ask that i'm
prisonment in lieu of the fine be assess
ed against hin, and if there were miti
eating circumstances, the imprison
ment was usually made nominal, as on
hour or one day.
l thought the course suggested b
Mr.. Robertson a much better one, be
cause it might be the means of keepin
Moberly sober"
STATE VS.. W. H. LOGAN.
AS to these cases Elijah Robinson
said; $50 far as the Judges docke
shows, these indictments were merel
. for selling liquor without license. TIL
Clerk had make the entry on my docke
in that way, and the defendant plead
ed guilty to selling liquor without Ii
cense and | made the entry in tina
way and assessed the fines at $40 Il
each case. / did know but that the
were simply for selling liquor withou
license, but i'll had known it and
my attention had been called to it a
the time, l would have made the entr
just as l did. The Supreme Court ha'
decided toat an indictment for sellin
liquor as a druggist also embraces tn
charge of simply selling liquor withou
license, and under such an lndictmen
the defendant could be convicted @
either offence, or could, with the con
sent of the Prosecuting Attorney, plea,
guilty to either charge.
Moreover, I did not feel called upol
to assume the role Of a prosecutor il
these cases; to 60 out and hunt up til,
witnesses and investigate the facts tt
see whether defendant could be con
vlcted Or not. | conceived it to be m
duty to act IN an impartial way il
criminal as we'll as civil cases.
When the Prosecuting Attorney sug
gested this disposition of these cases i
Was my duty to make the entry in &C
cordance with his suggestion, unless
had some reason to believe he was act
ing %corruptly.
treated Mr.. Robertson, during hi
term OF Prosecuting Attorney, exactl,
In the same manner as | treated Mr.
buckner and Mr.. Trimble, who wer,
his predecessors, and exactly in tn,
same manner that | treated the otbe
Prosecuting Attorneys in the othe
counties in my circuit. l thought i
IL was their place to prosecute and no
mine.
Ii MIR. Robertson had decided to dis
miss all the cases against Logan in
stead OF all but two, / would have mad
the entry according to his suggestion
just as l made such entries when sup
gested by Mr.. Buckner and Mr.. Trimble
in fact, during the whole of my tern
and in every county in the circuit